Construction contracts, like other contracts, are meant to define the relationship between the parties to the contract. In that regard, the parties are generally free to negotiate the terms of that contract. It is only where the contractual language at issue is contrary to statute, against public policy, or is unreasonable, will a court decline to enforce the contract, as negotiated between the parties.
On occasion, I've cautioned against over-enthusiasm for the "unpreventable employee misconduct" defense in OSHA contest proceedings. Basically, that's because the requirements to establish that defense are more exacting than most people think.
As if COVID-19 shutdowns and reopenings weren%u2019t enough to keep contractors up at night now, add riots, looting and vandalism to the list. You may be asking yourself who is responsible if a project or work site suffers damages from those causes and is it covered by insurance.
What does "Phase One" mean for My Business
What comes after??
Presented by Thomas S. Tripodianos
Partner at Welby, Brady & Greenblatt, LLP
and moderated by
Eric Hirani, CCM, DBIA, LEED AP BD C
President, Infinite Consulting Corp
Wednesday, June 24, 2020
As we prepare for a return to the workplace reducing health risk is of primary concern. One of the questions we've been receiving is can an employer test employees for COVID-19? Prior to the pandemic this was a much simpler question. The Equal Employment Opportunity Commission ('EEOC') provided some guidance in this area in light of the ongoing pandemic.